Maritime Safety Act 2005

Power of arrest.

41

41.—(1) A member of the Garda Síochána or an authorised person being an officer of the Permanent Defence Forces holding commissioned naval rank who reasonably suspects that a person is committing or has committed an offence under this Part may arrest without warrant the person.

(2) (a) The person in command or in charge of a vessel or a person authorised by him or her or the owner of the vessel who reasonably suspects that a person is committing or has committed an offence under section 30, 31, 32 or 33 may arrest without warrant the person.

(b) A person authorised under this subsection is not entitled to exercise the power referred to unless he or she is in uniform and has received (whether before or after the commencement of this section) training and instruction which in the opinion of the person or if he or she is authorised by another, the person authorising him or her, after consultation with the Garda Síochána, is such as will provide guidance to him or her in the exercise of that power.

(3) Where an authorised person referred to in subsection (1) or a person referred to in subsection (2) arrests a person under that subsection he or she shall, as soon as practicable, deliver the person into the custody of a member of the Garda Síochána to be dealt with according to law. The arrest of the person does not prejudice his or her re-arrest under statute or otherwise by a member of the Garda Síochána.